Section 405.2 - Community Workfare program(a) The department shall enter into cooperative agreements to establish workfare projects with departments, agencies or institutions of the Commonwealth or any political subdivision located within the Commonwealth or any agency of the Federal Government or department-approved nonprofit organizations or established for-profit temporary help organizations for temporary placement with private, nonprofit or for-profit employers. Participating for-profit temporary help organizations shall recover their costs and profit from fees charged to employers. The department shall assign to these work projects cash assistance recipients who are able to work but have been unable to secure employment. In instances when workfare projects are not available for all recipients, priority shall be given to general assistance recipients for referral to available projects.(b) Every individual who has not received a bona fide offer of training or employment under section 405.1 shall, as a condition of continuing eligibility for cash assistance, report to and work in an available workfare project established under this section unless such individual is exempt from the registration requirements of section 405.1. Such individual shall be required to work that number of hours which when multiplied by the applicable minimum wage equals the amount of cash assistance such person receives: Provided, however, That:(1) such work shall not exceed forty hours per week; and(2) the parent or other caretaker of a child between the ages of six and fourteen who is personally providing care for the child with only very brief and infrequent absences from the child shall not be required to participate in workfare projects except on days and at times when the child is in school or when there are adequate day-care arrangements available for the child at no cost to the recipient.(c) Workfare projects established under this section must be approved by the department. To qualify for approval, a work site must conform to appropriate health and safety standards. Cash assistance recipients shall not be assigned to work opportunities available due to a labor dispute, strike, or lockout and shall not be assigned to perform work so as to cause the layoff, downgrading or prevention of return to work of an available competent employe. Cash assistance recipients shall be assigned to workfare projects within twenty-five miles of their place of residence unless the department determines that a greater distance is not a hardship.(d) A person who without good cause fails or refuses to accept assignment to and participate in a workfare project shall be terminated from assistance pursuant to section 432.3.(e) The department shall propose initial rules and regulations for the administration of this section prior to the effective date of this section. Neither initial rules and regulations nor any promulgated thereafter with regard to this section shall take effect without the approval of the General Assembly. The department's proposed initial rules and regulations shall be submitted to, and approved or disapproved by, the Senate and the House of Representatives in the same manner as provided for the consideration of reorganization plans provided for by the act of April 7, 1955 (P.L. 23, No. 8), known as the "Reorganization Act of 1955." In the event that the General Assembly disapproves the proposed rules and regulations, then the department shall submit new rules and regulations within thirty days.(f) Workmen's compensation insurance premiums shall be the responsibility of the entity which provides the employment opportunity.(g) An independent performance evaluation shall be performed on the community work experience program. A report on the evaluation shall be submitted to the Governor and the General Assembly no later than March 31, 1995, and shall include, but not be limited to, the following information:(1) The number of persons eligible for and actively participating in the program.(2) A review of the program implementation process, including the number and type of community work projects approved by the department, designated by county.(3) Problems with achieving broader participation in the program.(4) Program adjustments and resulting program activity.(5) An examination of the extent to which public assistance recipients become employed, especially at the point of program enrollment and during program participation.(6) An examination of the extent to which the existence of a program requirement appears to discourage employables from remaining on public assistance.(7) The number of persons who have been disqualified from cash assistance for noncompliance with the program.1967, June 13, P.L. 31, § 405.2, added 1982, April 8, P.L. 231, No. 75, § 5, effective in 60 days. Amended 1994, June 16, P.L. 319, No. 49, § 3, effective in 60 days; 1995, June 30, P.L. 129, No. 20, § 3, imd. effective.